The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-08-30
IT IS NULL AND VOID.
Justice Fields OpinionAgainst
the Commission.
STAMFORD SCORES A POINT.
A Lengthy and Intelligent Disserta-
ton on the Rights of the Citizen
They Won't Like 1t.
Justice FieI as Opinion.

Justice FieI7's Opinion.
San FRANCISCO, August 29.-Justice
Field, of the United States Supren g
Court delivered his opinion this
morning in the matter of the petition
of the Pacific Railroad Commission to
compel Senator Leland Stanford to an
sWsr certain questions respecting the
Central Pacific Railway management,
and particularly to explain certain
vouchers of the railway company, and
whether any money represented in
certain unexplained vouchers was used
to influence national or state legisla-
ton. The matter was argued before
Justice Field, sitting with United States
Circuit Judge Sawyer, and United
States District Judges Hoffman and
Sabin, last Monday. The chief question
raised was to determine the power of
the railway commission to compel the
witness in question to answer their
queries. Tie decision of Justice Field
was as follows:
The motion for a peremptory order
upon the witness to answer inter
rogatories propounded by the rail-
way commission, has been fully
argued, and everything which
could be said in its favor has been
ably presented by the United States
attorney, either in oral or printed
arguments. In resisting the motion,
counsel of respondent have notconfned
themselves to a discussion of the pro-
tpFr0U1-
lions and the sufficiency of the answers
given By him, but they have assailed
the validity of the act creating the COM
mission, so far as it authorizes an eX-
animation into the private affairs of the
directors, officers and employees of the
Central Pacific Railway Company, and
confers the right to invoke
THE POWER OF THE FEDERAL coURTs
in aid of the general investigation di
rected. Impressed with the gravity of
the questions presented, we have given
to them all the consideration in
our power. The Pacific Railway
commission, created under act OF Con-
gress of March 3, 1887, is not Judicial
body; it possesses no Judicial powers.
1t can determine no right to govern
investigates. Those rights will remain
the subject of judicial inquiry and de-
termination as fully as though the COM
mission had never been created, and in
such inquiry its report to the President
o. its action will not be even admissible
as evidence of any of the matters in
Vestigated. 1t is merely board of in
quiry, directed to obtain information
upon certain matters, and report the
result of its investigations to the
President. 1t also is to lay the
same before Congress. In the progress
of its investigations, and in furtherance
of them, it is in terms authorized to in
yoke the aid of the courts of the United
Stat in requiring the attendance and
testimony of witnesses and the produc-
ton of books, papers and documents,
and the act provides that the circuit or
district court of the United States,
within jurisdiction OF which contumacy
or refusal of any person to obey the
subpoena to him may issue an order re-
quiring such persons to appear before
the commission and produce books
and papers and give evidence touching
the matters in Question. OF
TIE RIGHTS OF THE CITIZEN,
few are of greater Importance or more
essential to his peace and happiness than
the right of personal security, and that
involves not merely the protection OF
his person from assault, but the exemp-
ton of his private affairs, books and
papers from the inspection and scrutiny
of others. Without the enjoyment of
this right, all other rights would lose
half their value. The law provides for
the compulsory production, in the pro-
gress Of judicial proceedings, or by
direct Suit for that purpose, OF such
documents as effect the interests of
others; also in certain cases for
the seizure of any terminating !
papers necessary for the PROSE-
cution of off nders against pub.
lie Justice, AMI only in one Of these |
ways can they be obtained, and their
contents made known against the will |
of the owners. In recent case boyd |
vs.. United States, 116 United States
616), the Supreme Court held that that |
provision Of law of Congress which !
authorized the court of the United |
States in revenue cases, on the motion |
of the government attorney to require
the defendant or claimant to produce in
court his private books, invoices and
papers, or that the allegations of the
taken as confessed, was
UNCONSTITUTIONAL AND VOID
as applied to suits for penalties, or to
establish for fixture of parties goods.
Speaking by Mr.. Justice Bradley it said:
ANY compulsory discovery by extor-
ton of party's oath, or compelling |
the production of his private books and |
papers, to convict him of crime or to |
forfeit his property, is contrary to the
principles of free government. 1t is
abhorrent to the instincts of an Eng
lishman; it is also abhorrent to the in
stincts of an American. 1t may suit the |
purpose of despo &c power, but it cannot
abide the pure atmosphere of political
liberty or personal freedom. The lar
guage thus used had reference, it is
true, to the compulsory production of
papers as the foundation of proceed
ings, but it is applicable in any such
production of private books and papers
of a party otherwise than in the coarse
of judicial proceedings or a direct suit |
for that purpose. tits